J-A_-_ROH-DD_USNS_ROBERT_PEARY_T-AKE_5_(2).pdf

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N104-15-R-3003

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDED

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) - Norfolk.

2. Description of the Action Being Approved: This is a brand name justification for work to be provided by

Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Regular Overhaul (ROH)/Dry-Dock (DD) of the USNS ROBERT PEARY (T-AKE 5) under RFP N32205-15-R-3003. This Justification is covering only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion. Authority to act under this J&A expires on October 31, 2015.

Work Items (WI)

• 202 – Fairbanks Morse Engine

• 203 – Fairbanks Morse Engine/ MSHS Motor Services Hugo Stamp

• 301 – Fairlead Integrated Power and Controls

• 303 – Fairlead Integrated Power and Controls

• 304 – Point Eight Power

• 401 – Northrop Grumman Sperry Marine Authorized Rep

• 405 – BAE Systems, MAETS, and Intech Marine

• 408 – Northrop Grumman Sperry Marine Authorized Rep

• 409 – BAE Systems, MAETS, and Intech Marine

• 416 – Northrop Grumman Sperry Marine Authorized Rep

• 508 – Phex LLC

• 509 – Phex LLC

• 530 – IAN-CONRAD BERGAN INC

• 606 - Fassmer Service America, LLC

• 902 – Rolls Royce

• 903 - Wartsila Defense / Thordon Bearing / Diehl Engineering / Maritech LLC

• 904 – Wartsila Defense

• 909 – US Filter Electrocatilytic Products

• 910 – Valve Automation and Controls

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of the above mentioned WIs during a 42-day ROH/DD availability. The estimated dollar value of the 21 WIs is $1,967,725.00, which will be funded utilizing FY 15 Operations & Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1), Only

One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority:

a. WI 202 - MDG No. 1 Splash Oil and Test Circuit Modification (TALT-381R) and WI 203 – SACOS

UPS UPGRADE MOD1 (T-ALT 352)

Fairbanks Morse Engine (FME) holds the proprietary rights and drawings to service and test the Automation on the Main Diesel Engines. This work item requires specialized programming and technical expertise unique to this equipment; only approved OEM parts are authorized to program this highly sophisticated equipment. The OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

This annual testing is required by ABS and USCG for Annual Endorsement.

b. WI 301 – HV SWITCHBOARD CLEANING AND INSPECTION

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. POWERGEN Controls, an authorized service representative has access to parts and technical data from the OEM. USCG and ABS regulation requires use of OEM parts and services. Use of the OEM maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

c. WI 303 – PLC Survey

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. USCG and ABS regulation requires use of OEM parts and services. Use of the OEM maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

d. WI 304 - HV JUMPER CABLE REPLACEMENT (T-ALT 428)

Point Eight Power is the owner of the proprietary rights to the high-voltage load centers installed throughout the T-AKE class ships. The use of the OEM is paramount to maintain the integrity of the load canters and associated jumper cable assemblies. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the high-voltage load centers and associated jumper cables are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission. OEM parts and services are required to ensure the safe and continuous operation of these ship’s critical systems.

e. WI 401 - AIS-DGPS RENEWAL

Sperry built and installed the Integrated Bridge System (IBS) for the T-AKE CLASS and has possession of all Proprietary installation drawings and technical data required to perform this upgrade and integration with the other crucial bridge systems.

f. WI 405 – Antenna Preventative Maintenance

BAE Systems, MAETS, and Intech Marine are the only qualified companies that can perform shipboard maintenance of the military antennas outlined in the SOW. BAE Systems, MAETS, and Intech Marine can perform all required removals, testing, and reinstallations. OEMs have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the antennas.

g. WI 408 – SRD-500 DOPPLER SPEED LOG REPLACEMENT

Northrop Grumman Sperry Marine and NAVTECH Marine both possess the qualifications to maintain, troubleshoot and repair the TAKEs Doppler Speed Log, Echo Depth Fathometer and SASS. Each has the technical data and software required to maintain and adjust settings of these two systems. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System must be fully operational, and crew trained in the safe operations of the IBS. Both company technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

h. WI 409 – Communication Suite Groom

BAE Systems, MAETS, and Intech Marine are the only two entities qualified to perform the maintenance of the communications systems that are intimately familiar with the ships equipment.

BAE Systems, MAETS, and Intech Marine have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the ships Radio and Communications equipment.

i. WI 416 – ELECTRONIC CHARTING SYSTEM REPLACEMENT (T-ALT 347)

The Electronic Chart Display and Information System (ECDIS) is serviced, designed and manufactured by Sperry. Sperry is the OEM and has proprietary knowledge unavailable to others regarding their equipment. Proper functioning of this equipment is necessary for the safe navigation of the vessel. USCG will not let the ship sail if equipment maintained by this work item is not operational. This makes it critical to have qualified personnel with access to manufacturers data maintain and repair this equipment. Sperry Tech rep has access to the navigational electronic programming, parts, and service upgrade records that other companies do not have. The navigational equipment design was developed to meet ABS requirements for NIBS notation. This requires bridge components be integrated into a single navigational system. Sperry is the designer and installer of the T-AKE Class integrated bridge system (that includes the ECDIS).

j. WI 508 – Distiller Plate Cleaning / WI 509 – LTFW Cooler Cleaning

PHEX is the OEM of Distiller Plates and LTFW Coolers onboard the T-AKE Class of Vessels. Dirty plates and basket strainers could render the Distiller/LTFW coolers useless. In turn, loss of the LTFW Coolers makes them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the LTFW Coolers.

PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

k. WI 530 – Ballast Tank TLIs

Ian-Conrad Bergan Inc is the OEM and installed the equipment upon new construction. The drawings (MFR DWG-2002-290-GA), design, and specifications are the sole property of Ian-Conrad Bergan, Inc. The TLI and CARGO Max System is used to take reading of the Ship’s Cargo fuel levels, which gives a constant reading to engineering personnel and alerts fuel load destabilizes or is low during Ship’s maneuvering and operating, ensures the safety of the Ship and its personnel. The OEM has access to parts, software, and technical data / drawings as required by USCG and ABS certification for maintenance, the equipment to provide technical support, and the repair parts to maintain and bring systems back to working condition.

l. WI 606 – LIFEBOAT AND RESCUE BOAT RELEASE HOOK UPGRADE T-ALT 376

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Technical expertise required to review and test components of the ship's

Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. SMS Number 10.6-002- ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment.

Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two boats put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel life and rescue boat systems. OEM holds proprietary technical data for repairs and adjustments of individual systems, Technical Manual TS800-AH-MMC- 010_0_0, LIFEBOAT, TOTALLY ENCLOSED, SELF RIGHTING, FASSMER TYPE owned by FASSMER, and proprietary technical data required to meet the Statement of Work. Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to Fassmer for design and maintenance support.

Only OEM can provide services as requested under Statement of Work to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems.

m. WI 902 – POLISH BOW THRUSTER PROPELLER-INSPECT SEALS

Rolls-Royce is the OEM of the Bow Thruster Propeller Unit and Tunnel.. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Bow Thruster. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts

n. WI 903 – PROPELLER SHAFT AND STERN TUBE INSPECTION (ABS)(REV 5) and WI 904 -

STERN TUBE SEAL INSPECTION

Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA (“Wartsila”) for Work Item 903 - Propeller Shaft and Stern Tube Inspection (ABS) and WI 904 - Stern Tube Inspection. Wartsila will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor Furnished Tools (CFT). Wartsila is the OEM for the Stern Tube System for the T-AKE class ships. Wartsila owns the proprietary rights to the drawings, service repairs, and warrants on spares for the Stern Tube Overhaul Kit and Connecting Ring. Any required items are direct replacement parts/ components for existing equipment/configuration. No other known source has the drawing, tooling, parts, or knowledge regarding the shafting, rudder and bearings. There are no authorized distributors or known source to provide the necessary parts and service.

o. WI 909 – INSPECT AND REPAIR CATHODIC PROTECTION

US Filter Electrocatilytic Products is the OEM of the proprietary CAPAC impressed current cathodic protection system on all T-AKE vessels. US Filter Electrocatilytic Products is the proprietary owner of the software and parts used to install, set-up and test operate the CAPAC impressed current cathodic protection system. OEM parts are required to ensure proper operation of the CAPAC impressed current cathodic protection system thereby reducing the electrochemical action of galvanic corrosion and damage to the hull. MSC knows of no other product that has the galvanic corrosion protection properties that would be interchangeable with the currently installed CAPAC impressed current cathodic protection system in use across the T-AKE class. The OEM authorized representative will have access to material and technical data from the OEM as required by USCG and ABS regulation.

This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

p. WI 910 – Overhaul Sea Valves

Valve Automation and Control (VAC) has provided all the technical information during the construction of the T-AKE class ships. Valve Automation and Control of San Diego California is the only known US provider of OEM components and service for the Motor Operated Valves (MOV)

Valves. Valve Automation and Control was a prime contractor to the shipbuilder, NG-NASSCO.

Valve Automation and Control served as an integrator for the Motor Operated Valves (MOV) valve components of the sea valve assemblies, meaning that those components such as the sea valves and the Emergency Bilge Discharge Overboard Valves were designed and manufactured by another company specifically for Valve Automation and Control (VAC). The Valve Automation and Control (VAC) have agreements with these companies to provide repair parts for these components.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract for the ROH/DD availability to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor to perform the work in the related WIs.

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A is fair and reasonable in accordance with FAR Part 15.404-1.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

_ALAN D. RONALD _757-443-0969 _ _12 MAY 2015_

Signature Name (Printed) Phone No. Date

Legal Sufficiency Review:

I have reviewed this justification and it is deemed to be legally sufficient.

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

Name Date stephen.copetas Typewritten Text Stephen Copetas 757-443-1216 14 May 2015